Bill Text: TX HB3996 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to liability of certain political subdivisions in certain workers' compensation actions.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-04-09 - Left pending in committee [HB3996 Detail]
Download: Texas-2019-HB3996-Introduced.html
By: Burrows | H.B. No. 3996 |
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relating to liability of certain political subdivisions in certain | ||
workers' compensation actions. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 504.053(e), Labor Code, is amended to | ||
read as follows: | ||
(e) Nothing in this chapter waives sovereign immunity or | ||
creates a new cause of action, except that a political subdivision | ||
that self-insures either individually or collectively is liable | ||
for: | ||
(1) sanctions, administrative penalties, and other | ||
remedies authorized under Chapter 415; | ||
(2) attorney's fees as provided by Section 408.221(c); | ||
and | ||
(3) attorney's fees as provided by Section 417.003. | ||
SECTION 2. Section 415.021, Labor Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) In addition to any sanctions, administrative penalty, | ||
or other remedy authorized by this subtitle, the commissioner may | ||
assess an administrative penalty against a political subdivision | ||
that self-insures either individually or collectively that commits | ||
an administrative violation in connection with a workers' | ||
compensation claim filed by an individual elected, appointed, or | ||
employed as a peace officer by the political subdivision under | ||
Article 2.12, Code of Criminal Procedure, or other law, or an | ||
individual who is employed by the political subdivision and is | ||
subject to certification by the Texas Commission on Fire | ||
Protection. The amount of the administrative penalty shall not be | ||
less than two times the total amount of medical benefits under | ||
Subchapter B, Chapter 408, Labor Code, and temporary income | ||
benefits under Subchapter F, Chapter 408, Labor Code, payable in | ||
connection with the employee's claim. | ||
SECTION 3. Section 607.055, Government Code, is amended to | ||
read as follows: | ||
(a) A firefighter or emergency medical technician who | ||
suffers from cancer resulting in death or total or partial | ||
disability is presumed to have developed the cancer during the | ||
course and scope of employment as a firefighter or emergency | ||
medical technician if: | ||
(1) the firefighter or emergency medical technician: | ||
(A) regularly responded on the scene to calls | ||
involving fires or fire fighting; or | ||
(B) regularly responded to an event involving the | ||
documented release of radiation or a known or suspected carcinogen | ||
while the person was employed as a firefighter or emergency medical | ||
technician; and | ||
(2) the cancer is |
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following: | ||
(A) Malignant neoplasms of the lip; tongue; | ||
salivary gland; floor of mouth; gum and other mouth; tonsil; | ||
oropharynx; hypopharynx; and other oral cavity and pharynx; | ||
(B) Malignant neoplasm of the nasopharynx; | ||
(C) Malignant neoplasms of the nose; nasal | ||
cavity; middle ear; and accessory sinuses; | ||
(D) Malignant neoplasm of the larynx; | ||
(E) Malignant neoplasm of the esophagus; | ||
(F) Malignant neoplasm of the stomach; | ||
(G) Malignant neoplasms of the colon and rectum; | ||
(H) Malignant neoplasms of the liver and | ||
intrahepatic bile duct; | ||
(I) Malignant neoplasms of the retroperitoneum | ||
and peritoneum; omentum; and mesentery; | ||
(J) Malignant neoplasms of the trachea; bronchus | ||
and lung; heart, mediastinum and pleura; and other ill-defined | ||
sites in the respiratory system and intrathoracic organs; | ||
(K) Mesothelioma; | ||
(L) Malignant neoplasms of the peripheral nerves | ||
and autonomic nervous system; and other connective and soft tissue; | ||
(M) Malignant neoplasms of the skin (melanoma and | ||
non-melanoma), including scrotal cancer; | ||
(N) Malignant neoplasm of the female breast; | ||
(O) Malignant neoplasm of the ovary; | ||
(P) Malignant neoplasm of the prostate; | ||
(Q) Malignant neoplasm of the urinary bladder; | ||
(R) Malignant neoplasm of the kidney; | ||
(S) Malignant neoplasms of the renal pelvis; | ||
ureter; and other urinary organs; | ||
(T) Malignant neoplasms of the eye and orbit; | ||
(U) Malignant neoplasm of the thyroid; | ||
(V) Malignant neoplasms of the blood and lymphoid | ||
tissues, including, but not limited to lymphoma, leukemia, and | ||
myeloma; | ||
(W) any type of cancer diagnosed in a person less | ||
than 20 years of age; and | ||
(X) any type of cancer that occurs in less than 15 | ||
cases per 100,000 persons per year in the United States, based on | ||
2005-2009 average annual data age-adjusted to the 2000 U.S. | ||
population, as documented in Glenn Copeland, Andrew Lake, Rick | ||
Firth, et al. (eds), Cancer in North America: 2005-2009. Volume | ||
One: Combined Cancer Incidence for the United States, Canada and | ||
North America, Springfield, IL: North American Association of | ||
Central Cancer Registries, Inc., June 2012. | ||
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SECTION 4. Section 415.021, Labor Code, as amended by this | ||
Act, applies only to an administrative violation under Chapter 415, | ||
Labor Code, that occurs on or after the effective date of this Act. | ||
An administrative violation that occurs before the effective date | ||
of this Act is governed by the law applicable to the violation | ||
immediately before the effective date of this Act, and that law is | ||
continued in effect for that purpose. Section 504.053, Labor Code, | ||
as amended by this Act, and Section 607.055, Government Code, as | ||
amended by this Act, apply only to a claim for workers' compensation | ||
benefits filed on or after the effective date of this Act. Claims | ||
for workers' compensation benefits filed before the effective date | ||
of this Act are governed by the law applicable to the claims | ||
immediately before the effective date of this Act, and that law is | ||
continued in effect for that purpose. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |